The coalition agreement brings with it a number of new, definitive measures that affect labor regulations. To be fully in line with the legislation again, as an employer you will have to change your labor regulations on a few points.
We would like to give you a clear overview of the required changes and what they mean.
What adjustments are required?
The measures below took effect on January 1, 2026.
1. Reduction in the number of days of disability not requiring a medical certificate
Until 2025, workers were required to work for the first day of their period of illness do not submit a medical certificate, and this for 3 calendar days per year. Companies with fewer than 50 employees could, however, deviate from this rule and thus still require a medical certificate from day one.
As of Jan. 1, the exemption to submit a medical certificate is only possible for 2 calendar days per year. The option to derogate from this exemption remains for companies with fewer than 50 employees.
- Want to take advantage of this exemption, but don't have anything specified in your employment regulations?
Then your employees are automatically entitled to these attestation-free days. - Do you want a certificate to remain mandatory from the first day of disability?
Then you must explicitly include that in your employment regulations.
2. Extension of resumption period for guaranteed pay to 8 weeks
As of Jan. 1, the Resume term for the right to guaranteed wages extended from 14 days to 8 weeks.
Thus, an employee is not entitled to guaranteed pay again until, after an initial period of incapacity for work during which the guaranteed pay was completely exhausted, he had effectively returned to work for at least 8 weeks.
Does the employee get sick again within those 8 weeks due to the same condition? Then there will be no new right on guaranteed wages.
The existing exceptions remain preserved:
- If the guaranteed salary during the first period of illness is was not fully exhausted, the employer will still have to pay the remaining balance of the 30 days of guaranteed pay during the second sick period;
- If the employee becomes incapacitated again within this 8-week period due to a other disease, a completely new right to guaranteed pay arises.
Do your labor regulations still contain a reference to the old 14-day deadline?
To avoid discussions, it is advisable to adjust this to the new deadline of 8 weeks.
3. Mandatory insertion of contact procedure for incapacitated workers
The list of elements that mandatory must be included in labor regulations, was expanded. Also, the procedure For maintaining the contact with incapacitated workers must now be mentioned in the labor regulations.
At least the frequency of contact and the name of the person by whom the incapacitated employee will be contacted must be listed.
The purpose of this new obligation is to maintain contact with the incapacitated employee in order to maintain his return facilitate. Thus, the procedure should not serve to ascertain whether this employee's absence is justified.
Why is an up-to-date and sound labor code essential?
The introduction of these measures is the ideal time to introduce your review entire labor regulations.
An updated and properly drafted labor code remains an key instrument For you as an employer: it provides clarity, prevents interpretation problems and strengthens your position in the event of any disputes.
For example, it allows you to define specific conditions that would create a resign can justify for compelling reasons, you can make a coherent sanctions policy record and you can include clear agreements regarding confidentiality and other essential rules of conduct.
Time for a watertight labor code?
The new measures in the coalition agreement, effective since Jan. 1, 2026, call for action. At the same time, this is the opportunity To review your labor regulations in their entirety.
Our Legal-HR team supports you in drawing up a clear and legally watertight document, so that your agreements with your employees are clear, transparent and legally compliant.
Feel free to contact us through your customer manager or Business Partner. Not a customer yet? Contact our pro experts directly.